Backup Documents 01/28/2020 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING To
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TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 'C' d 2 R Cd.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 11 B
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 3-31-20
4. BCC Office Board of County b
Commissioners (;:v ) /j - 3 1^()D)
5. Minutes and Records Clerk of Court's OfficeKi r3 F-20 3 .
-p's1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Joe Bellone/PUD 239-263-2351
Contact/ Department
Agenda Date Item was January 28,2020 Agenda Item Number 11B
Approved by the BCC
Type of Document Landowner Agreement with Collier Land Number of Original
Attached Holdings,LTD and CDC Land Investments, Documents Attached
LLC,(Landowner)
PO number or account N/A
number if document is 40Z V rl/ ' 10
to be recorded �Q
INSTRUCTION & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, JB
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JB
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on January 28,2020 and all changes made JB
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the °"11,
BCC,all changes directed by the BCC have been made,and the document is ready for the 1 op;
Chairman's signature.
***Please send Laurie Beard a copy ext. 5782***
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: April 8, 2020
To: Joe Bellone, Division Director
Utilities Finance Operations
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Land Owner Agreement with Collier Land Holdings, LLC
and CDC Land Investments, LLC
Attached for your records is a copy of the recorded document referenced above,
(Item #11B) approved by the Board of County Commissioners January 28, 2020.
I have included a copy of the recording receipt for the recording charges.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
11WIMP3
INSTR 5850752 OR 5746 PG 3307
RECORDED 4/2/2020 9 48 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$$61.00
AGREEMENT TO PROVIDE
POR'ABIEWA1T R,WASIEWATERANDIRRIGA'IIONWATERUI1III'YSERVICES
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THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this ,410
day of tckc , 2019 by and between the Board of County Commissioners of
Collier County, Florida'', acting ex-officio as the Governing Goard of the Collier County Water-
Sewer District (hereinafter referred to as the "CCWSD"), the Board of Supervisors of the Big
Cypress Stewardship District (hereinafter referred to as the "District"), CDC Land Investments,
LLC and Collier Land Holdings,Ltd. (hereinafter referred to as"Landowners").
RECITALS:
WHEREAS, Section 163.01(4), Florida Statutes, the Florida Interlocal Cooperation Act
of 1969 (the "Act"), authorizes the joint exercise of any power,privilege or authority that the
public agencies involved herein might exercise separately;and
WHEREAS,the CCWSD and the District are public agencies within the meaning of the
Act and desire to engage in the joint exercise of power that each might exercise separately;and
WHEREAS, the CCWSD provides water, wastewater and irrigation water service
(collectively known as"utility services"),in an economical and environmentally beneficial manner
to much of the unincorporated area of Collier County;and
WHEREAS,the District also has statutory authority to provide utility services within the
District, but intends to authorize CCWCSD to provide utility services within certain designated
areas of the District; and
WHEREAS,the CCWSD's service boundaries encompass the District; and
WHEREAS,the CCWSD shall incorporate certain designated lands and property within
the District into CCWSD's service area to exclusively provide retail potable water, wastewater
and irrigation water, excluding the golf course irrigation within the Village (including effluent
irrigation water, when available) utility services in the same manner and pursuant to the same
ordinances and policies as CCWSD currently provides service to all other customers located
throughout the unincorporated service area of Collier County,Florida;and
WHEREAS,the District acknowledges the CCWSD's right to offer utility services within
the District and further authorizes the CCWSD to exclusively provide utility services inside a
portion of the District's jurisdictional area known as Rivergrass Village;and
WHEREAS, this Agreement is intended to reduce to writing the terms and conditions
between the CCWSD, the District and the Landowners as to the exclusive provision of utility
services by the CCWSD within the Rivergrass Village area of the District.
NOW,THEREFORE,the CCWSD,the District and the Landowners agree as follows:
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1. The foregoing recitals are true and correct and are incorporated herein by this reference.
2. The Landowners shall require all developers in Rivergrass to construct and pay for potable
and irrigation quality water mains and wastewater facilities within the Rivergrass Village
development including but not limited to gravity sewers, force mains and pump
stations and a community pump station and convey such facilities to the CCWSD in
the manner provided in the applicable CCWSD policies and County ordinances,
including but not limited to Ordinance No. 2004-31, as amended, otherwise known as
the Collier County Utilities Standards and Procedures Ordinance (the"Utilities
Standards Ordinance"), all of which as may be amended by the Board of County
Commissioners from time to time.
3. The CCWSD shall construct potable water transmission mains, wastewater force mains and
irrigation water transmission facilities from the CCWSD utility site to the Point of Connection
for Rivergrass Village which shall be available to serve Rivergrass Village's demand in
accordance with its development schedule as defined in Schedule A.
4. The Point of Connection shall be the Northeast corner of the Hyde Park SRA, as defined
on Schedule B.
( 5. The CCWSD agrees to provide the necessary potable/fire water design flows at a minimum
pressure of 60 psi in the potable water system at the Point of Connection by September 30,
2020.
6. The CCWSD agrees to provide a wastewater system head value of 60 psi for the projected
wastewater flows at the Point of Connection by September 30,2020.
7. The CCWSD agrees to provide the necessary irrigation water design flows at a minimum
pressure of 60 psi in the IQW water system at the Point of Connection by September 30,
2020.
8. The Landowner agrees to provide the IQ water distribution system basis of design for
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review and approval by the CCWSD.
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9. The Landowners will require all developers in Rivergrass to install an internal residential
IQ system to serve residential areas and the Village Center in accordance with the LDC to
the Point of Connection. The golf course in Rivergrass will not be required to accept IQ
water from the CCWSD and will utilize a separate Water Use Permit for its irrigation needs.
10. The CCWSD will install IQ meters and manage and bill residents based on their IQ water
consumption at the CCWSD Board approved IQ rates for the IQ service provided
regardless of the CCWSD's water source(s).
11. The Landowners will reserve a minimum 5-acre site for future CCWSD-related utility
needs pending future development plans south of Rivergrass Village. If future
development does not occur within 15 years of the date of this agreement, the utility site
will revert back to the Rivergrass Village development,unless the reservation is extended
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by the Landowners.
12. The Landowners within Rivergrass Village agree to pre-pay water and wastewater impact
fees to the CCWSD without expiration (the "prepayment"). Landowners shall reserve
water capacity equivalent to 250 ERC's and wastewater capacity equivalent to 250 ERC's
in advance.
13. The prepayment shall be due no later than thirty(30) days after Landowners' receipt and
acceptance of:
a. An approved and non-appealable SRA for the Rivergrass Village development.
b. All required and non-appealable permits from the South Florida Water
Management District or any federal or state regulatory authorities.
c. The prepayment shall be at the then current CCWSD Board approved rates for
water and wastewater impact fees: The credit for water and wastewater impact fees
identified herein shall be reduced by 50% of the prepayment per ERC for each
residential unit on a building permit issued thereon until the development is either
completed or the credits are exhausted or have been assigned as provided for in the
Collier County Impact Fee Ordinance. The developer shall be responsible for any
difference between the prepayment amount per ERC and the rate in effect at the
time of building permit application submittal.
14. This Agreement shall remain in effect until terminated by the County,the District and the
Landowners. All parties must agree in writing to terminate this Agreement, prior to the
date that either the CCWSD,the District or the Landowners commit any affirmative act to
construct or provide potable water,wastewater or irrigation water utility service within the
District, including but not limited to entering into an agreement hiring a contractor or a
consultant to provide utility construction-related services in furtherance of this Agreement.
Any attempt to terminate the Agreement once any party has incurred any expense in
furtherance of fulfilling its duties under the Agreement,without the express written consent
of the other parties, shall be considered a nullity. Termination shall be effective one
hundred eighty (180) days after receipt of said written notice. This Agreement may be
amended from time to time upon the written consent of all parties.Any amendment to the
Agreement must be in writing and must be executed with the same formalities as this
original Agreement.
15. NOTICES. All notices required under this Agreement shall be directed to the following
offices: For the County: Office of the County Manager,3301 East Tamiami Trail,Naples,
Florida 34112. For the District/Landowners: Patrick Utter, Collier Enterprises, Vice
President of Real Estate and Club Operations, 2550 North Goodlette Road, Suite 100,
Naples,FL 34103.
16. INDEMNIFICATION. To the extent allowed by law, each party agrees to indemnify,
defend and hold harmless the other,its officers, board members,council members, agents
and employees from and against any and all fines, suits, claims, demands, penalties,
liabilities, costs or expenses, losses, settlements, judgments and awards and actions of
whatever kind or nature, including attorney's fees and costs(and costs and fees on appeal)
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and damages (including,but not limited to,actual and consequential damages)arising from
any negligent, willful or wrongful misconduct, knowing misrepresentation or material
breach of this Agreement by such party, its officers, board members, council members,
agents or employees. The foregoing indemnification shall not constitute a waiver of the
CCWSD or the District's sovereign immunity beyond the limits set forth in Florida
Statutes, Section 768.28, nor shall the same be construed to constitute agreement by any
party to indemnify another party for such other party's negligent, willfull or intentional
acts or omissions.
17. COUNTERPARTS.This Agreement may be executed in any number of counterparts,each
of which shall be deemed to be an original as against any party who signature appears
thereon and all of which shall together constitute one and the same instrument.
18. Recording.This Agreement shall be recorded in the Public Records of Collier County.The
County shall be responsible for recording the same.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 4 COLLIER COUNTY,FLORIDA
Crystal Kindel,Clerk
A' . ..:- - A L BY: 4444/...,:r,e-roAaia.
Cl .,' t .�t,, '
• est aS tQ,.Chaa,!• Burt L.Saunders
sigioture ards,ti\'
Chairman
Approv•." ' t'�. _.t.ty:
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11121#0,0,Co t y Attt ey
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ATTEST: BIG CYPRESS STEWARDSHIP DISTRICT
Al/
OcoSL:0 — •
BY:
VP-0134E 4e" Patrick L. tie, resident
ATTEST: CDC LAND INVESTMENTS,L
OGSLA) 1 / 1/
BY: ' �/ . , �' IL.
Pty Patrick L. i tter,Vice President
ATTEST: COLLIE LAND HOLDINGS,Ltd.
fi
OcL-9-1 ) BY: tk /,,
JOrP► Patrick L. Utter,Vice President
5
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Schedule A
Rivergrass Absorption Schedule
Product Type 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 - Total
Single Family 71 127 170 170 198 170 170 141 113 85 1,414
Multi-Family 54 98 130 130 152 130 130 109 87 65 1,086
Total 125 225 300 300 350 300 300 250 200 150 2,500
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